Honorable ,S. E. Peavy, M.D. 

Commissioner of Health 

Texas State Department of Health 

Austin, Texas 

Opinion No. C-556 

Re: Construction of Senate Bill 527, 

Acts of the~59th Le 

Regular Session, f 

islature, 

19 5, relating 

to the financing of services to 

crippled children with blindness, 

Dear Dr. Peavy: and related questions.' 

Your request for an opinion on the above subject matter 

asks the following questions: 

1. Does Section 3 of Senate Bill 527,. 

Acts of the 59th Legislature, Regular Session, 

1965, "place upon the State Commission for the 

Blind the responsibility of financing services 

to crippled children with blindness and other 

crippling conditions?" 

2. Is Section 2 of Senate Bill 527, Acts 

of the 59th Legislature, Regular Session, 1965, 

in conflict with Article &%lgc, Vernon's Civil 

Statute's, as amended by House Bill 268, Acts of 

the 59th Legislature, Regular Session, 1965? 

3. Is Section 2 of Senate Bill 527, Acts 

of the 59th Legislature, Regular Session, 1965, 

in conflict with a Federal regulation relating 

to the administration of programs for crippled 

children, providing in part: '!With respect to 

the crippled children's services program for the 

establishment, in the State agency, of a separate 

organizational unit charged primarily with responsibilities in the field of health services for 

crippled children and including, at least, the 

planning, promoting and coordinating of crippled 

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Hon. J. E. Peavy, M.D., page 2 (C-556) 

children's services and the administration 

of the unit and its staff as provided under 

the'state Plan: Provided, That, where the 

major functions of the State Agency relate to 

the provision of health services to children, 

as in the case of a Crippled Children's Commission, such commission shall itself be considered as the separate organizational unit 

required."? 

4. Is the State Board of Health required 

to approve any physicians who may be used by 

the State Commission for the Blind in admlnistering Section 2 of Senate Bill 527'1 

5. Is the Commission for the Blind financially responsible as well as otherwise responsible for rendering all services to the 

visually handicapped? 

House Bill 268 passed the Legislature on April 22na, 1965, 

and Senate Bill 527 passed the Legislature on May 13, 1965. Section 2 of Article &419c, Vernon's Civil Statutes, as amended by 

Section 1 of House Bill 268, defines a crippled child as follows: 

"A crippled child is defined as any person 

under twenty-one (21) years of age whose physical 

functions or movements are impaired by reason of 

a joint, bone, or muscle defect or deformity, to 

the extent that the child is or may be expected to 

be totally or partially incapacitated for education 

or remunerative occupation. To be eligible for rehabilitation service under this Act, the child's 

disability must be such that it is reasonable to 

expect that such child can be improved through hospitalization, medical or surgical care, artificial 

appliances, 

ices." 

or through a combination of these servThe definition in House Bill 268 of a crippled child, abovequoted, was again changed by the provisions of Section 3 of Senate 

Bill 527, Acts of the 59th Legislature, and such definition, being the latest expression of the Legislature, will control. A 

crippled child is now defined as: 

"A crippled child is defined as any person 

under twenty-one (21) years of age, whose physical 

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1 - 

Hon. J. E. Peavy, M.D., page 3 (c-556) 

functions or movements are impaired by reason 

of a joint, bone, or muscle defect or deformity, 

to the extent that the child is or may be expected to be totally or partially incapacitated for 

education or remunerative occupation. To be ,eligible for rehabilitation service under this Act, 

the child's disability must be such that it is 

reasonable to expect that child can be improved 

through hospitalization, medical or surgical care, 

artificial appliances, or through a combination of 

these services. For the purpose of this Act a 

'crippled child' includes a child whose sole or 

primary handicap is blindness or other substantial 

visual handicap, but the responsibility for rendering services to a child crippled with blindness or 

other substantial visual handicap is that of the Commission for the Blind." 

In view of the foregoing, a child whose sole or primary 

handicap is blindness or other substantial visual handicap is 

the responsibility of the Commission for the Blind rather than 

the responsibility of the State Department of Health. All other 

crippled children, as defined, are the responsibility of the 

State Department of He'alth. 

Senate Bill'527 does not amend or modify the provisions of 

Article &+lgc, Vernon's Civil Statutes, designating the State 

Department of Health as the agency to receive funds which are appropriated by the Federal Government to be used in the State of 

Texas in matching State funds which are appropriated by the Legislature or to receive any other funds which are not required to be 

matched by the Legislature for the physical restoration of crippled children. Article 441gc, Section 8,'Vemonls Civil Statutes. 

Section 2 of Senate Bill 527 is not in conflict with the 

Federal regulation relating to the administration of 

1 

rograms for 

crippled children set out in your request. Article 4 1% does 

not require the approval by the State Department of Health of 

physicians used by the State Commission for the Blind in administering the visual care provided for in Senate Bill 527. 

SUMMARY 

Section 2 of Senate Bill 527, Acts of the 

59th Legislature, Regular Session, 1965, 

relating to the responsibilities of the 

State Commission for the Blind, amends the 

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t , 

Hon. J. E. Peavy, M.D., page 4 (C- 556) 

definition of a Crippled child defined by 

the provisions of Article 4419c, Vernon's 

Civil Statutes, to include a crippled~child 

who is handicapped by blindness or. other 

substantial visual handicap, but the responsibility for rendering services to a child 

crippled with blindness or other substantial 

visual handicap is that of the Commission for 

the Blind. In all other respects, the responsibility for a crippled child is that of the 

State Department of Health, and Article 4419c, 

Vernon's Civil Statutes, is not amended in 

any other respect. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

By@!k?%ee+ 

Assistant 

JR:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Terry Goodman 

Ralph Rash 

Mario Obleao 

APPROVED FOR THE ATTORNEY QENERAL 

By: T. B. Wright 

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